Bonanno et al v. 41 Sherbrooke Rd. LLC et al
| Bob Bonanno, Robert Bonanno, Robert Allan Bonanno and Doreen Michienzi |
| 41 Sherbrooke Rd. LLC, Ridgewood Savings Bank, JPMorgan Chase Bank, NA and Alan S. Trust |
| 2:2023cv07388 |
| October 3, 2023 |
| US District Court for the Eastern District of New York |
| Gary R Brown |
| Arlene R Lindsay |
| Real Property: Other |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 1, 2023. A more recent docket listing may be available from PACER.
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Filing 14
MEMORANDUM AND ORDER: Based on the foregoing, Plaintiffs applications to proceed in forma pauperis #2 , #9 are granted. However, the complaint is dismissed pursuant to 28 U.S.C. 1915(e)(2)(B). Given the dismissal of the complaint, Defendants requests for a pre-motion conferences, DE #10 and #13 , are denied as moot. The Clerk of the Court shall enter judgment accordingly and mark this case closed. The Clerk of the Court shall also mail a copy of this Order to the pro se Plaintiffs at the address of record and note service on the docket. The Court certifies pursuant to 28 U.S.C. 1915(a)(3) that any appeal from this Order would not be taken in good faith and therefore in forma pauperis status is denied for the purpose of any appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). SEE ATTACHED ORDER FOR FURTHER DETAILS. So Ordered by Judge Gary R. Brown on 12/1/2023. (JC)
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| Filing 13 First MOTION for pre motion conference for leave to move to dismiss based on absolute judicial immunity by Alan S. Trust. (Attachments: #1 Certificate of Service) (Lipari, Vincent) |
| Filing 12 NOTICE of Appearance by Vincent Lipari on behalf of Alan S. Trust (aty to be noticed) (Attachments: #1 Certificate of Service) (Lipari, Vincent) |
| Filing 11 AFFIDAVIT/AFFIRMATION re #10 Letter MOTION to Dismiss for Failure to State a Claim affirmation of service by 41 Sherbrooke Rd. LLC (Warmuth, Paula) |
| Filing 10 Letter MOTION to Dismiss for Failure to State a Claim by 41 Sherbrooke Rd. LLC. (Warmuth, Paula) |
| Filing 9 MOTION for Leave to Proceed in forma pauperis by Doreen Michienzi. (JC) |
| Filing 8 MOTION for Order to Show Cause for relief from in rem relief, preliminary injuction and temporary restraining order by Bob Bonanno. (Attachments: #1 Affidavit in Support) (LF) |
| Filing 7 NOTICE OF DEFICIENT FILING, litigant, Doreen Michienzi, notified of deficiency(s) that must be corrected within fourteen (14) days. A total fee of $402 (consisting of $350 civil action filing fee and a $52 administrative fee) [in cash, if submitted in person] or by certified check or money order made payable to the Clerk of Court, U.S.D.C., E.D.N.Y., is required in order to commence a civil action other than an application for a Writ of Habeas Corpus or a motion under 28 U.S.C. 2255-or-you may request to waive the filing fee by completing an IFP application pursuant to 28 U.S.C. 1915. If you are a prisoner, you must also complete the Prisoner Authorization form along with the IFP application An IFP application and/or Prisoner Authorization is enclosed. (LF) |
| Filing 6 AFFIDAVIT/AFFIRMATION re #5 Notice of Appearance by 41 Sherbrooke Rd. LLC (Warmuth, Paula) |
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ORDER denying #8 Motion for Order to Show Cause. For the reasons set forth in this Court's Order, dated October 3, 2023, the plaintiffs' motion for order to show cause is DENIED without prejudice to seek leave before Judge Trust. Ordered by Judge Gary R. Brown on 10/4/2023. (JP)
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| Filing 5 NOTICE of Appearance by Paula J. Warmuth on behalf of 41 Sherbrooke Rd. LLC (aty to be noticed) (Warmuth, Paula) |
| Filing 4 MOTION for Order to Show Cause by Bob Bonanno, Doreen Michienzi. (Attachments: #1 Affidavit) (LJ) |
| Filing 3 Clerk's Notice Re: Consent. A United States Magistrate Judge has been assigned to this case and is available to conduct all proceedings. In accordance with Rule 73 of the Federal Rules of Civil Procedure, Local Rule 73.1, the parties are notified that if all parties consent, the assigned Magistrate Judge is available to conduct all proceedings in this action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to this Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. Any party may withhold its consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent.The form may also be accessed at the following link: #https://img.nyed.uscourts.gov/files/forms/MJConsentForm.pdf (LJ) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Bob Bonanno. (LJ) |
| Filing 1 COMPLAINT against All Defendants Was the Disclosure Statement on Civil Cover Sheet completed -No,, filed by Doreen Michienzi, Bob Bonanno. (Attachments: #1 Exhibits, #2 Civil Cover Sheet) (LJ) |
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ORDER denying #4 Motion for Order to Show Cause without prejudice to the parties seeking relief before Judge Trust as they should have done in the first place. Ordered by Judge Gary R. Brown on 10/3/2023. (JP)
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